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Secretary.

Select-men.

Monies and other Efates ; and to take Leases, Bonds, or other Securities to

themselves and their Succeffors, for the use of such Schcols: Which Leases, Boncs, On removal

or other Securities the said Select-mer, Committee, or Committees who take of conmittee the same, shall have power to sue and recover thereon: And in case of the Re. oriers to ba moval of them, or any of them, by Death or otherwile, their Successors in tbat chorva. Olice or Offices, shall have as fuil Power in the Matters aforelaid, 10 profe

care in rbeir own Names, as thole whom they suceeed as aforesaid, might of coald do if they had not been removed as aforesaid ; which Bonds, Leales and Securities thall, by faid Select,men and Committee be lodged with the Clerk of such Town or Society, who is directed and required to keep an Account .thereof, and hold the same under the Direction of the laid Select-men and Com. mitrees, for the purpose aforesaid ; and fuch Select-men and Committees thall render their Accounts of their Ufe and Improvements of such Eftate and Intereft, unto such Town and Society by whom they are appointed, when thereuato 'required.

Provided nevertheless, That this A& shall not extend to any Etate, formerly ġranted by any particular Person for the Benefit of any School or Schools in

any particular Town or Society ; nor to Grants of any latereits formerly made Proviso. by any Person to any Town or Society for the support of Schools whereia the

Grantor hath committed the Care and improvement of fuch Estate by him
given, to pacicular Perfons, with particular Directions for a continual Succes-
fion in said Trust, or where the General Assembly hath formerly interpoled
and committed the disposition of the Pronts of fuch Eftates to a Committee in a
continual Succeffion; any Thing contained in this Ad 'to the contrary ngi-
withftanding

An Act relating to the Secretary's Office and Duty.
BE ,

allembied, and by the Aut bority of the jame, That the Secretary of this Secretary to State for the lime being, shall have the keeping and cuftody of the Records, ketp itaie re- and other public Pápers that contain the Acts, Orders, Grants, and Doings of cords, co re

the General Assemby; and that have Relation to such Matters and Affairs as cora acts, ac. and give co

are of general concern, and are to be recorded or kept in his Ofice ; And hall pies, &e

record ali Acts, Orders, Granis, and Relolves made by the General Assembly, and give crue Copies thereof when realonably thereunto required : And thall

within twenty Days after the End of every Session of the General Court, pubIn days,

lith in Writing, under the common Seal of the State, luch Ads, Laws, and &c. to pub- Orders of public concernment, es dullstom Time to Time be made by the With the laws, General Court, and then send the fame to the Printen to the State of Connectiand fend.co o cut for the Time being, in Ogder to the Printing the same to be dispersed P'y to the

mong the People of this State for their better knowledge thereof. printer.

And also the Secretary shall be the Keeper of the Seal of. chis State, and

shall affix it to fuch Laws, Acts, Orders, Commithions, Initruments, and Certi. Keeper of the ficates as he is, or fhall by Law be ordered to dozor hall be delired by particu

lar Persons that have special Occasion for the same.
An Act tu enable Select-men to assess the Inhabitants of the

Town in some Cases,
WHEREAS the Laws of Ibis State de oblige tbe Seleco-men of each Town with.

in tbe jame, (at the Charge of the Town) to provide, do and perform vari. ous Articles, Mutters, and things: Wherefore, to enable them thereto.

E it enacted by the Governor, Council and Representatives, in General Court

Preamble.

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raise monies

the major part of them, in the several Towns within this State, when and fo often as there thall need a fupply of Money in the Treasury of any Town, to Select men ta provide and answer any of those Articles, Matters, Things or Charges by them affefs the into be provided or answered according to Law, and the Inhabitants of the Town habitants to at any Town-Meeting (whereat such want of a Supply is made known to them

for supplies, by their Select-men) shall refuse or neglect to grant such Supply ; shall be, dc. and the said Seieet-men-are hereby fully authorized and impowered co aflels the several inhabitants of their faid Town, and make a Rate upon them, according to the List of the Polls and rateable Ettate of the said inhabitants, for, raising fuch Sum or Sams as thall be necefiary for providing the several Things, and answering the several Matters aforelaid, or any of them ; which Sum or Sums fo raised the said Select-men shall be accountable for according to the Act, entitled, “ An de for maintaining and supporting tbe Poor.And that all fuck Rates so made by the Seleti-men or the major part of them, in any Town in this state, and delivered to the Constable or Conitables of the Town, with a Warrant annexed thereto, signed by the Select-men, or major part of them, and directed to the Constable or Constables, requiring him or them to gather the lame-(which Warrant fuch Select-men are hereby authorized and impowered to grant, as aforesaid) shall be a sufficient Warrant for such Conflable, or Conftabies to colle&t such Rate : And they are hereby required to obey and ferve such Warrant; and therein shall observe tand follow the directions of the Select men's ? Law relating to the gathering and collecting the State Rates : And when they warrant fuffi

cient, &c. have collected the same according to such Warrant, shall pay the Sum or Sums, collected to the Select-men, or major Part of them, or to their Order, for the Ules aforesaid, and take Receipts of what they pay.

And in cafe any such Contable shall not perform the Trust hereby committed unto bim, he shall be accountable, and ihall and may be proceeded against Penalty for by Diftress, as is provided againit Collectors of Rates, in the Law, entitled, neglect. An Act for collecting and paying of Rates or Taxes."

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An Act for appointing and directing Commissioners of Sewers

and Scavengers. WHEREAS there are great Quantities of meadow, marshy, and low Lands or

Grounds belowging to jundry Persons in several Towns in this State, . zobich are spoiled by the overflowing of Waters: And also much swampy and unprofita. Preamble. ble Land which mighi be rendered profitable by Drowning and draining the same. To the Intent therefore that the Owners of such Lands may be encouraged

and enabled to remove fuch Obitructions, and dam and how theit Swamps,
and other unprofitable Grounds, thereby to bring them under profitable

Improvement;
E it enacted by is. Governor, Council, and Representatives, in General Court ,

affembien', and by the Autbority of the jame, That iç shall be in the Power of the Governor and Council, for the time being, from Time to Time, upon Request to them made by the major part of the Proprietors of any such Lands, Governor & to grant Commissions of Sewers, to such and so many able and discreet Persons, gouncil to as to them all seem meet, for the clearing and removing of the Banks and

grant commif.

fions, &C. Obitructions of the Passages of the Waters in Rivers, Brooks, Streams, or Ponds chat occasion the overflowing and drowning of meadow, swampy and low Lands : And also for the flowing and draining of Swamps, and other un profitable Grounds: And also for damming to prevent the Water overhowing marihy and Hat Lands; which Commissions shall be signed by the Governor : And by the laid Committions, the Commissioners thall be impowered to do the Service aforesaid, and to elu ploy Work-mcaand Labuurers for such reatonable Wages as may be ugited

BE

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on for the effecting the Premises : And from Time to Time to affefs and tax all fuch Persons as are Owners of fuch low and wet Lands, towards defraying the Charge of the Service aforesaid, (having Regard to each Perfon's Quantity of Land, and Benefits to be received thereby, as equally according to their beft Judgment as they can) and also to appoint and fwear a Collector or Collectors, for the collecting and gathering and paying in the fame Assessment to fach Per. fons as thall by faid Commissioners be appointed to receive it; with Power to diftrain all such Persons as fhall neglect or refuse to make Payment of bis, ber or their Parts or Proportion set and assessed as aforesaid, in such Manner as in the State Rates and Taxes by Law may be done ; and to call before them selves the faid Collector or Collectors, to an Account for bis or their Betraft

ment, with Reference to the Premises. Commiffion. And the said Commissioners shall be sworn to a faithful Discharge of their ers to be Trust, and shall receive fuch Salaries out of the said Alefliments for their Time

and Expences, touching the Premises, as the Governor and Council shall appoint ; unto whom the said Commissioners shall be accountable when thereunto required.

And if any Proprietor of any such Lands shall be unable, or otherwise beglect Charges how to pay his, her or their Proportion of the said Rates or Affefsments, it shall

and paid.

may be lawful to and for the other Proprietors concerned therein, to pay the faid Assessments, and to hold the said Lands of the Person neglecting or refufing as aforesaid, until the Profits of those Persons Lands may be fufficient to reimburse them, according to the judgment of the Commilioners.

Always provided, That is thall be in the Liberty of any person aggrieved Proviro.

at any Procedure of the said Commissioners, or of any others in Pursuance of this AA, to appeal or complain unto the Governor and Council for Relief.

And forafmuch as the Ditches, Drains and Dams made by the Commissioners aforejaid, will be likely to fill up, or get out of Repair, it will be necaful ibat ibey be frequently fcoured or repaired:

Therefore,
Be it further enaded by the Authority aforelaid, That the Proprietors of such

marthy, wet or drained Lands, after the said Commissioners have dammed, Proprietors ditched or drained the famë, may meet and affemble together from Time to to meet, &c. Time, as there shall be Occadion : Which Meeting shall be warned as fol

lows, viz.

When and so often as any three of said Proprietors, shall judge a Proprietors Meeting necessary for the purposes bereafter mentioned, they may apply to the

next Alifant or justice of the Peace, who thereupon is hereby impowered to Meeting how

iffue forth his Precept to fome meet Person, to warn all the Proprietors of such called.

Lands, to meet at such Time and Place, and for luch Business as shall be therein appointed and declared ; and the Person to whom such Precept is directed, Thall give Warning to all the Proprietors of such Lands, that live in the Town where the Lands lie, by reading the same in their hearing, or leaving an attested Copy thereof at the Place of their usual Abode, at least three Days be fore such Meeting : And the said Meeting being to warned and affembled, Shail be a lawtal Meeting.

And at any, and every of such Meetings, as there shall be Occasion, the faid Proprietors, by their major Votes, to be computed according to their intereft in

such Lands, may choose a Clerk, who shall be sworn to make 'true Enuies of Their power all such Votes as thall be paffed in faid Meetings; and also of the Reports of and bufness when met.

the Proprietors Committee, of their doing, in stating and setting out to each Proprietor his part of such Dams, Ditches and Drains ; Which Committee the faid Proprietors are hereby impowered to choose, confisting of two or three Mea, who may ftate and set out to each Proprietor his Part or Proportion of such Dam, Ditch or Ditches ; to be computed and done according to his intereft in such Lands: Which Committee all make a Return, or Report of their Doingo

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therein, unto the Clerk, in Writing under their Hands; to be entered on Record, that it may be known.

Each proprie • And each Proprietor, his Heirs and Asigns, shall ever after fufficiently clear tor to do his and keep open, and in Repair, his part of such Dams, Ditches and Drains, part. ftated and let out to him as aforesaid.

Always provided, The Proprietors may, at any Time afterwards, cause a Proviso. Dew Stacing of the same, as they fall see Occasion.

And the more efjellually to obi.ge the jaid Proprietors to do the fame,

It is furiber enacted, Thai the said Proprietors thall be, and are hereby im- To choose powered to choose iwo or more Persons among themselves, to be Scavengers scavengers for the clearing up or keeping in Repair fuch Dams, Drains and Sewets : Which Scavengers, ihall be chosen and appointed, once in two Years; and shall take the Oath by Law provided.

Aod if any person or Persons, lawfully chosen to said Office of Scavenger, shall refuse, or neglect to take such Oath, being required thereunto by a Citati- refusal to on from an Affiftant or Justice of the Peace ; luch Person or Perlons, fall each ferve. of them pay a fine of I wenty Shillings to the Proprietors of such Lands, to be delivered to their Committee for the Use of the Proprietors : The same to be levied by Warrant from fuch Alliltant or Justice.

Others to be And the Proprietors aforesaid, shall proceed to choose other Person or Per

chosen. fons Scavengers, in the Room of such as have refused as aforesaid ; and so tocies quoties.

And the said Scavengers fhall from Time to Time, diligently inspect the Dams, Drains and Ditches, and see that they are kept open, or in good Repair ;

Scavengers

duty. and if at any Time they find them, or any part of them filled or out of Repair, they shall forthwith give Warning thereof unto fuch Proprietors, whose Part is deficient, that they forthwith repair and amend the same; and ifany Proprietor fall not within five Days next after such Warning given, clear or repair the fame sufficiently, in the judgment of the Scavengers, the said Scavengers are hereby impowered and appointed, forthwith to cause the same to be fufficiently repaired; and the Person or Persons to whom it belongs, shall pay double Coft to the Scavengers for repairing the fame : And in Cate of Refulal or Neglect of Payment thereof, for the Space of ten Days after an Account thereof presented, and demand thereof made; fuch Colt and Charges shall be levied by Distress, and the Sale of the Offender's Goods, by Warrant from an Afiftant or Justice of the Peace. And for Want of Goods or personal Efate, the Officer shall deliver to the

Landsliable, Scavenger so much of the Lands of the Person deficient as will answer tħe lame, with additional Colts, by a reasonable Extent. Always provided, That if any Proprietor thinks himself aggrieved with the

Proviso, Account of the Scavengers, he may, at his own Cof, within the said ten Days, make Application to the Sele&t-men of the same Town wherein the Land liech, who being no ways Parties to the Controversy, shall anew appraise thé. Coft of such repairing, and the Party deficient Mall pay double Coft according to their Appraisement, to be recovered as aforelaid. Provided also, That when the Proprietors of such Lands shall judge that

Proviso the clearing of said Ditches and Drains, or repairing faid Dams may be more easily and more effettually performed in a general Way, and Manner, and shal! thereupon in any of their lawful Meetings, by their major Vote, computed by Interest, as aforesaid, vote and agree that the said Ditches and Drains' fall be cleared, or said dams repaired at the public Charge of the Proprietors, then the said Commissioners of Sewers shall, and they are hereby impowered, to employ Persons to do the same in the fame Manner as they are by this A&t enabled to do in the first making of faid Dams, Ditches, and Drains ; any Thing in this Ad contained to the cantrary notwithstanding,

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Any person And be it further enacted by the Aer bority aforesaid, That if any Perion or incumbring. Persons without Liberty of the Proprietors frit had or obtained, ihail fet any drains, &c. com:non nu

Fence, Hedge, or other lacumbrance, on the Bank of such Drain or Drain', fance. to the annoyance and incumbrance of it, or to make the clearing up and keep

ing the same in good Repair more difficult, it shall be lawful for the Scavengers to remove the same as a Common Nufance.

An Act for ordering, restraining and preserving Sheep. BE

E it Enadled by the Governor, Council and Representatives, in General Court Owners of assembled, and by the Authority of the forne, That the Owners of Sheepin any theep to meet, Town in this State, or the major Pan of them, shall be allowed and impowered, &c.

and they are hereby allowed and impowered to meet together within their Li. mits, as often as there shall be Occasion ; and in such their Meetings to ordet that the Sheep in such Town shall be put together in a Flock or Flocks anccal

ly, for such Time and Season of the Year as they shall determine. To choore a

And the Owners of the Sheep of every such Flock, are impowered to meet clerk, &c. together in their Limits, and in such Meeting by their major Vote, according

to their Interest, to be computed according to the number of Sheep each Vorre hath, to choose their Clerk, who shall be sworn to make true entries of all such Votes and A&ts as shall be made by faid Owners of Sheep! And also to choose Sheep Masters for the hiring of a Shepherd, and letting out the Flock to fold, and for other prudential Affairs relating to the Flock: And also to make Orders for the warnings of their Meetings, and all necessary Orders proper for

the better managing their Flock, reftraining Rams from going at large within Sheep at

their Limits, and securing the Flock from being defroyed by Dogs'. large, &c. II. And if any Sheep shall go at Large on the Common without a Kreper, in able to be im- any Town in this state, such Sheep may be taken up and impounded by any pounded. Person finding the fame; unless any Town 'shall agree and order to the contrary

within their own Precidcts, respecting their Sheep.

And whereas it is practiced in some of the Towns in this state, by some partitular Inbabitants, 10 turn large Flocks of Sheep on the Highways, with a Keeper, and thereby eat up and deffroy the Herbage therein ; to the great Derriment of:be poor inbabitants of sach Towns :

Which to prevent : No person to Be it further ena&ed by the Authority aforelaid, That no particular Person in turn a flock of any Town in this state, shall for the future, turn any Flock of Sheep on the more than the Highways with a Keeper, of more than Fifty, to eat up and consume the Hera common with bage therein, without Liberty first had and obtained from such Town, or the a keeper. Proprietors thereof, on Pain chat every Offender shall forfeit and pay the Sum

of Twenty Shillings, for every such Offence, to him or them who will fue for and Rams re. prosecute the same to Effect, strained. And it is further enacted, That every Town that does not agree to have any

Flock, shall have the same Power to make A&s relating to the reftraining of Dogs destroyed. Rams and securing the Sheep from being destroyed by Dogs, as the Owners of

1 Sheep have that live within the limits of any Flock, as aforesaid. And no

Damage shall be recovered against any Person for killing any Dog or Dogs, according to the Orders of such Town, or Owners of any Flock.

And the more effettually to prevent Mischief being done by Dogs, to Sheep and

Carole in this State. Who to order Be it further enacted by the Autherity aforesaid, That when any Person or dogs to be

Persons living in any Town in this state, shall complain to any one of the killed.

Select-men of such Town, of Damages done among Sheep or Cattle, by their being worried, wounded or killed by Dogs in the Woods or elsewhere in fuch Town ; or hall complain thereot to any one of the Sheep-masters of the Flock,

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